Approved Code No. 449 Registry No. 1023-02 

NATIONAL RECOVERY ADMINISTRATION 

CODE OF FAIR COMPETITION 

FOR THE 

WHOLESALE MONUMENTAL 

GRANITE INDUSTRY 

AS APPROVED ON MAY 31, 1934 

WE DO OUR PART 

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UNITED STATES 

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Approved Code No. 449 

CODE OF FAIR COMPETITION 

FOR THE 

WHOLESALE MONUMENTAL GRi\NITE INDUSTRY 

As Approved on May 31, 1934 

ORDER 

APPROVING CoDE oF FAIR CoMPETITION FOR THE WHOLES ALE MoNuMENTAL GRANITE INDUSTRY 

An application having been duly made pursuant to and in full 

compliance with the provisions of Title I of the National Industrial 

Recovery Act, approved June 16, 1933, for approval of a Code of 

Fair Competition for the Wholesale Monumental Granite Industry, and hearings having been duly held thereon and the annexed report 

on said Code, containing findings with respect thereto, having been 

made and directed to the President: 

NOW, THEREFORE, on behalf of the President ~f the United 

States, I, Hugh S. Johnson, Administrator for Industrial Recovery, 

pursuant to authority vested in me by Executive Orders of the 

President, including Executive Order No. 6543-A, dated December 

30, 1933, and otherwise; do hereby incorporate by reference said 

annexed report and do find that said Code complies in all respects 

with the pertinent provisions and will promote the policy and purpose of said Title of said Act; and do hereby order that said Code · 

of Fair Competition be and it is hereby approved. 

Approval recommended: 

A. R. GLANCY, 

HuGH S. JoHNsoN, 

Admi-nistrator fo·r Indru.strial R ecovery. 

Division Administrator. 

WASHINGTON, D.C., 

May 31, 1934. 

64182°-657-7-34 (79) 
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REPORT TO THE PRESIDENT 

The PRESIDENT, 

The 1-V hite House. 

Sm: This is a report on the Code of Fair Competition for the 

Wholesale Monumental Granite Industry as revised after a P ublic 

I-Iearing conducted in Washington, D.C., on January 2, 1934, in accordance with the provisions of the National Industrial Recovery Act. 

PROUSIO:KS AS TO WAGES AND HOUTIS 

Employees hall not be permitted to work in excess of forty hours 

per week, eight hours per day, or more than five days in any week, 

except as otherwi e specifically provided. Office, accounting or clerical employees shall not be permitted to work in excess of forty 

hours per week or nine hours in any day. "Y'Yatchmen shall :not be 

permitted to work in excess of fifty-six hom~s per week or more than 

six days in any seven. Firemen engaged in manufacturing operations or truckmen shall be permitted to work not in excess of fortyeight hours per week or more than six days in any seven; provided 

that one and one-half tilnes the normal rate of pay shall be paid for 

hour worked in excess of eight per day and forty per week. Hourly 

and daily limitations shall not apply to professional, executive, ad- ministrative or supervisory employees who regularly receive more 

than thirty-five dollars per week, to outside salesmen, or to employees 

engaged in emergency maintenance or em.ergency repair work in~ 

volving breakdowns or the protection of life or p"!'operty, but in such 

special cases one and one-half times the normal rate shall be paid 

for hours worked in excess of eight per day or forty per week. In 

· order to recover time lost due to inclement weather, employees may 

be permitted to work in excess of the hourly limitations but not to 

exceed an average of forty hours per week for any three months' 

period or a maximum of forty-eight hours per week; provided one 

and one-half times the normal rate is paid for all hours worked in 

exces of forty per week or eight per day. 

No employee hall be paid less than at the rate of forty cents per 

hour except as otherwise specifically provided. In North Carolina, 

South Carolina, Georgia and that portion of Virginia which lies 

outh of the James River, including Allegheny County, no employee 

shall be paid at less than at the rate of thirty cents per hour. Accounti::Jg, clerical and office employees shall be paid not less than 

at the rate of fifteen, fourteen and one-half and/or fourteen dollars 

per weeL:, depending upon the population of the place of their employment. Office boys and office girl shall be paid not les than at 

the rate of eighty percent of the minimum \Yuge rate establi heel 

for accounti11g, clerical and office employee· but their total number 

shall not exc eel in any month fiye percent of an employers total 

( ._0) 
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number of accounting, clerical and office employees, but each employer may have at least two such employees. Irrespective of 

whether an employee is compensated on a time rate, piece work or 

other basis, a minimum rate of pay is established. With the permission of the state authority, handicapped persons may be employed 

on light 'vork at such wages and for such hours as the state authority 

permits. \Vages sball be exempt from any payments other than 

those voluntarily made by an employee or required by la,w. Compensation of employees receiving more than the minimum rates of 

pay shall be equitably adjusted and reported to the Code Authority 

but in no event shall rates of pay be reduced. 

ECONOMIC EFFECTS OF THE CODE 

The sales of industry products for 1932 were 62.6 percent less than 

for 1929. According to the Reseach and Planning Division's r eport 

there were, in 1929, eighteen thousand three hundred wage earners 

employed by the Industry; thirteen thousand in 1933. 

Average hours worked per week in 1929 were forty-two and in 

1933, thirty-four. The number of hours an employee may work is 

controlled somewhat by weather conditions and such a factor has 

boon given consideration in fixing hours for this Industry's workers. 

An increase in business will have a beneficial effect .on r eemployment. 

The minima wage rates established in this Code and the provision 

for an equitable adjustment of wages above the minima will Inaterially iacrease the purchasing power of the wage earners in this 

Industry. Trade pra,ctice provisions of the Code are expected to 

remedy the unfair competition that has existed in the past. 

FINDINGS 

The Assistant Deputy Administrator in his final report to me on 

said Code having found as herein set forth and on the basis of all 

the proceedings in this matter : 

I find that: 

(a) Said Code is well designed to promote the policies and purposes of Title I of the National Industrial Recovery Act, including 

removal of obstructions to the free flow of interstate and foi·eign 

commerce which tend to diminish the amount thereof and will provide for the general welfare by promoting the organization of industry for the purpose of cooperative action among the trade groups, by 

inducing and maintaining united action of labor and management 

under adequate governmental sanctions and supervision, by eliminating unfair competitive practices, by promoting the fullest possible 

utilization of the present productive capacity of industries, by avoidin,g undue restriction of production (except as may be temporarily 

required) , by increasing the consumption of industrial and agricultural products through increasing purchasing power, by reducing and 

relieving unemployment, by improving standards of labor, and by 

otherwise rehabilitating industry. 

(b) Said Industry normally employs not more than 50,000 employees; and is not classified by me as a major industry. 
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(c) The Code as approved complies in all respects with the pertinent provisions of said Title of said Act, including without limitation Subsection (a) of Section 3, Subsection (a) of Section 7, and 

Subsection (b) of Section 10 thereof; and that the applicant association is an industrial association truly representative of the aforesaid Industry; and that said association imposes no inequitable restriction on admission to membership therein. 

( c1) The Code is not designed to and will not permit monopolies 

or monopolistic practices. 

(e) The Code is not designed to and will not eliminate or oppress 

small enterprises and will not operate to discriminate against them. 

(f) Those engaged in other steps of the economic process have not 

been deprived of the right to be heard prior to approval of said Code. 

For these reasons, therefore, I have approved this Code. 

Respectfully, 

M AY 31, 1934. 

HuGHS. JoHNSON, 

Administratm'. 
CODE OF FAIR COMPETITION FOR THE vVHOLESALE 

MONUMENTAL GRANITE INDUSTRY 

ARTICLE I-PURPOSES 

To effectuate the policies of Title I of the National Industrial 

Recovery Act, the following provisions are established as a Code 

of Fair Competition for the Wholesale l\1onumental Granite Industry and shall be the standards of fair competition for such Industry and shall be binding upon every member thereof. 

ARTICLE II-DEFINITIONS 

SECTION 1. The term "Wholesale Monumental Granite Industry " 

or "Industry " as used herein includes the quarrying, manufacturing, fabricating, selling at wholesale, and,!or distributing at wholesale by the quarrier, manufacturer, and/or wholesale distributor of 

monumental granite. 

SECTION 2. The terms "monument" and "monumental " as used 

herein include granite monuments, memorials, markers, headstones, mausoleums, tombs, coping, lot enclosures, surface burial vaults, 

urns, seats, benches, sundials and all other related types of memorials as are usually erected in a cemetery or elsewhere, and rough 

granite, and partly finished granite intended or suited for these 

purposes. 

SECTION 3. The term "quarrier" as used herein includes anyone 

in the industry who produces granite in the rough to be used for 

monumental purposes. 

SECTION 4. The term "wholesale manufacturer" as used herein 

includes anyone engaged in the conversion of rough granite into 

finished or semi-finished monuments, and who finds his outletsthrough distribution to wholesalers and retailers. 

SECTION 5. The term "wholesale distributor" as used herein includes anyone who purchases from the producer, sells to the retailer, 

and assumes responsibility for the account. 

SECTION 6. The term " member of the industry" includes, but 

without limitation, any individual, partnership, association, corporation, or other form of enterprise engaged in the industry, either 

as an employer or on his or its own behalf. 

SECTION 7. The term "employee" as used herein includes any 

and all persons engaged in the industry, however compensated, except a member of the industry who is not engaged in manual work 

of the industry. 

SECTION 8. The term " employer " as used herein includes anyone 

by whom any such employee is compensated or employed. 

SECTION 9. The terms "President", "Act", and "Administrator" 

as used herein shall mean, respective1y, the President of the United 

(83) 
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StatP.s, Title I of the National Industrial Recovery Act, and the 

Administrator for Industrial Recovery. 

SEcTION 10. Population for the purposes of this Code shall be 

determined by reference to the latest Federal Census. 

ARTICLE III-Houns 

SEcTION 1. M awi1num H ours.-Except as hereinafter otherwise 

provided, no employee shall be permitted to work in excess of forty 

( 40) hours in any seven (7) day period or eight (8) hours in any 

tw.enty-four (24) hour period or more than five (5) days in any 

seven (7) day period. 

(a) Employees engaged in office, accounting andjor clerical work 

shall not be permitted to work in excess of nine (9) hours in any 

twenty-four (24) hour period, or more than forty ( 40) hours in any 

one ( 1) week; and 

(b) Employees engaged as watchmen shall be permitted to work 

not in excess of fifty-sis: (56) hours in any one week, or more than 

six (6) days in any seven (7) day period; and 

(c) Employees engaged as firemen in manufacturing operations 

or truckmen shall be permitted to work not in excess of :forty-eight 

( 48) hours in any seven (7) clay period, or more than six ( 6) days 

in any even (7) clay period; provided, however, one and one-half 

times the normal rate of pay shall be paid for hours worked in excess 

of eight (8) per day or forty (40) p er week; and 

(d) The limitation .respecting hours and days, fixed herein, shall 

not apply to employees in emergency m.aintenance or emergency 

repair work, involving breakdowns or protection of life or property~ 

but in any such special case at least one and one-half times the 

normal rate shall be paid :for hours worked in excess of eight (8) 

hours in any twenty-four (24) hour period or forty (40) hours in 

any one (1) week; and 

(e) Employees may be permitted to exceed the hourly limitations 

when employment is necessary to recover time lost due to inclement 

weather; provided, however, that such excess time shall not exceed 

an average of forty ( 40) hours per week for any three ( 3) months' 

period of the year or a maxinllnn of forty-eight (48) hours per week, 

and; provided further, that overtime rates shall be paid for all hours 

worked in exces of forty ( 40) hours per week or eight ( 8) hours 

per day at the rate of at least one and one-half times the normal 

rate; and 

(f) The limitations respecting hours and days fixed herein shall 

not apply to employees engaged in professional, executive, administrative, or supervisory work, receiving regularly more than thirtyfive (35) dollars per week, and outside salesmen. 

SEcTION 2. Employm~en t by Several E7nploye1·s.-N o employer 

shall knowingly permit any employee to work for any time which, 

when totaled with that already performed with another employer 

or employers in this or any other industry, exceeds the maximum 

pennitted herein. 

SECTION 3. Any employer who engages in m.annal labor uch as 

is u ually performed by an employee shall be subject to the provisions of this Code as to maximum hours of employ1nent. 
85 

ARTICLE IV-W .ACES 

SECTION 1. No employee shall be paid less than at the rate of forty 

( 40) cents per hour except in the states of North Carolina, South 

Carolina, Georgia and that portion of the state of Virginia which 

lies south of the James River, including Allegheny County, where 

such employees shall be paid not less than at the rate of thirty ( 30) 

cents per hour, except as hereinafter provided. 

SECTION 2. (a) Accounting, clerical and office employees shall be 

paid not less than fifteen (15) dollars per week in any city of over 

500,000 population, or in the immediate trade area of such city; 

fourteen dollars and fifty cents ($14.50) per week in any city of 

between 250,000 and 500,000 population, or in the immediate trade 

area of such city; or fourteen (14) dollars per week in any other 

place; and 

(b) Office boys and office girls shall be paid not less than eighty 

(80) percent of the minimum wage rates herein established for 

accounting, clerical and office employees under paragraph (a) above; 

provided, however, that the total number of all such employees 

employed by any one employer shall not exceed in any calendar 

month five (5) percent of the total number of all employees classified as accounting, clerical and office employees, but may be at least 

two (2) such employees. 

SECTION 3. This Article establishes a minimum rate of pay which 

shall apply irrespective of whether an employee is actually compensated on a time-rate, piecework, or other basis. 

SECTION 4. Female employees performing substantially the same 

work as male employees shall receive the same rate of pay as male 

employees. 

SECTION 5. A person whose earning capacity is limited because of 

age, physical or mental handicap or other infirmity may be employed 

on light work at a wage below the minimum established by this Code 

if the employer obtains from the State authority designated by the 

United States Department of Labor a certificate authorizing such 

person's employment at such wages and for such hours as shall be 

stated in the certificate. Such authority shall be guided by the 

instructions of the United States Department of Labor in issuing 

certificates to such persons. Each employer shall file monthly with 

the (_:'ode Authority a. list of all such p~rsons employed by him, 

showing the wages paid to, and the maxunum hours of work for 

such employee. 

SECTION 6. Wages shall be exempt from any payments for pensions, insurance, or sick benefits other than those voluntarily paid 

by the employee or required by law. The employer shall not accept, 

directly or indirectly any rebates on such wages nor give anything 

of value or extend any favor or favors to any employee, directly or 

indirectly, for the purpose of influencing the rates of wages or 

working conditions of any employee. 

SECTION 7. Equitable adjustment of compensation of employees 

receiving more than the minimum rates of pay shall be made by all 

employers who have not heretofore made such adjustment, and all 

employers shall within thirty (30) days after approval of this Code, 

report in full to the temporary Code Authority and to the Admin64182·----657-7----34----2 
86 

istrator concerning such adjustments whether made _prior to or 

subsequent to such approval, provided, however, that 1n no event 

shall hourly rates of pay be reduced. 

ARTICLE V-GENERAL LABOR PROVISIONS 

SECTION 1. No person under sixteen (16) years of age shall be 

employed in the industry. No person under eighteen (18) years of 

age shall be employed at operations or occupations which are hazardous in nature or dangerous to health. The Code Authority shall 

submit to the Administrator for approval within sixty (60) days 

after the effective date of this Code, a list of such operations or 

occupation . In any State an employer shall be deemed to have 

complied with this provision as to age if he shall have on file a 

valid certificate or permit duly signed by the Authority in such 

State empowered to is ue employment or age certificates or permits 

showing that the employee i of the required age. 

SECTION 2. Employees shall have the right to organize and bargain collectively through representatives of their own choosing, and 

shall be free from the interference, restraint, or coercion of employers 

of labor, or their agents, in the designation of such representatives 

or in self-organization or in other concerted activities :for the purposes of collective bargaining or other mutual aid or protection. 

SECTION 3. No employee and no one seeking employment shall be 

required as a condition of employment to join any company union 

or to refrain from joining, organizing, or assisting a labor organization of his own choosing. SECTION 4. Employers shall comply with the maximum hours of 

labor, minimum rates of pay, and other conditions of employment 

approved e>r prescribed by the President. 

SECTION 5. Within each State this Code shall not supersede any 

Federal laws or any laws of such State imposing more stringent 

requirements on employers regulating the age of employees, wages, 

hours of work, safety or health, insurance, fire protection, or general 

working conditions than under this Code. 

SECTION 6. Employers shall not reclassify employees, their basis 

of compensation, or the duties of occupations performed by employees, or engage in any other subterfuge so as to defeat the provisions 

of this Code or the purposes of the Act. 

SECTION 7. All employers shall comply with the rules and regulations issued from time to time by the Administrator with respect to 

posting notices, bulletins and extracts from this Code. 

SECTION 8. Nothing herein contained shall be construed to apply to 

employees whose hours of employment and/or rates of wages are 

established for specific projects by cmnpetent governmental authority (Federal, State, or political subdivision thereof) actin in accordance with law, or to employees whose hours of employment and/ or 

rates of wages are established by wage agreements now in force; 

provided, however, such agreement or projects do not provide conditions of employment, rates of wages, or hours of labor less faYorable 

to an employee than tho e contained in this Code. SECTION 9. Safety ancl H ealth.- Every employer shall make reasonable provisions for the safety and health of his employ e at the 

place and during the hours of their employment. He shall not be 
87 • 

relieved from complying with all national governmental regulations 

referring to occupatiOnal safety and health insofar as the same may 

apply to the wor}r of his establishment. 

Standards for safety and health shall be submitted by the Code 

Authority to the Administrator for approval within six (6) months 

after the effective date of this Code. 

SECTION 10. No member of the industry shall contract his work to 

any person except when such person is subject to the provisions of 

this Code. 

SEcTioN 11. Apprentices (or helpers) servin~ three (3) years in 

learning the trade, shall not ex~eed in number 1n any one establishment twenty-five (25) percent of the number of journeymen cutters 

employed by any one (1) employer. 

ARTICLE VI-Am\HNISTRATION 

SEcTioN 1. To further effectuate the policies of the Act, a Code 

Authority is hereby constituted for the administration of this Code, 

SECTION 2. The Code Authority shall consist of the Chairmen of 

the several Divisional Control Committees hereinafter established. In addition to membership as above provided, there may be three 

members, without vote, to be appointed· by the Administrator, to 

serve for such term or terms as he may specify. No two members, 

or alternates, of the Code Authority shall be affiliated with any single 

member of the Industry. 

(a) One (1) alternate may be selected from each Division to represent the Chairman of the Divisional Control Committee on the 

Code Authority in his absence. No alternate shall, however, be 

affiliated with any member of the industry already represented on the 

Code Authority. 

SECTION 3. The Code Steering Committee of the Wholesale Monumental Granite Industry is hereby designated as a temporary Code 

Authority until the permanent Code Authority hereinbefore referred 

to shall have been elected. 

SEcTION 4. The temporary Code Authority is hereby designated as 

the agency to conduct the first election, or elections, of the Divisional 

Control Committee. Such elections shall be held within sixty (60) 

days following the effective date of this Code. 

SECTION 5. Divisions are hereby established as follows: 

Division No. 1.-Comprising the States of Maine and New 

Hampshire. 

D1'vision No. !B.-Comprising the State of Vermont. 

Division No. 3.-Comprising the State of Massachusetts. 

Division No. ly.-Comprising the States of Rhode Island and 

Connecticut. 

Division No. 5.-Comprising the States of New York, Pennsylvania, vVest Virginia, New Jersey, Delaware, Maryland, District of 

Columbia, that portion of the State of Virginia which lies north of 

the James RiYer excluding Allegheny County, and Porto Rico. 

Division No. 6.- Comprising the States of North Carolina, South 

Carolina, Georgia, Kentucky, Tennessee, Alabama, Florida, and that 

portion of the State of Virginia which lies south of the James River, 

including Allegheny County. 
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Division No. 7.-Comprising the States of Missouri, Texas, Oklahoma, Kansas, Arkansas, Louisiana, and Mississippi. 

Division No. B.-Comprising the States of Wisconsin, Michigan, 

Illinois, Indiana and Ohio. 

Division No. 9.-Comprising the States of Minnesota, South Dakota, North Dakota, Iowa and Nebraska. 

Division No.10.-Comprising the States of Colorado, New l\1exico, 

Wyoming, Montana, Utah, Arizona, and Idaho. 

Division No. 11.-Comprising the States of California, Nevada, 

Oregon, vV ashington, the territory of Alaska and all other parts 

of the United States not specifically included in other divisions. 

SECTION 6. The above Divisions and any others which may subsequently be formed within the vVholesale Monumental Granite Industry, shall be independent and self-governing in respect to all 

conditions and problems relating exclusively to the particular division, subject to the appro-val of the Code Authority and the Administrator. Proposals with respect to matters affecting more than 

one Division may be initiated by any Division and shall be submitted 

for consideration to the Code Authority and its determination shall 

be binding upon said Division and all other Divisions affected 

thereby, subject to the approval of the Administrator. 

SECTION 7. A Control Committee shall be established by and for 

each division of the industry, consisting of not less than three, nor 

more than seven members who have assented in writing to this 

Code; provided, however, that no two members, or their alternates, 

shall be affiliated or associated with, or employed by, any one member of the Industry. 

SEcTION 8. E:1Ch Control Committee shall have such authority and 

power as may be conferred upon it_ by the Code Authority in respect 

to administering this Code in the particular Division for which the 

Control Committee is set up. 

SECTION 9. The members of each Divisional Control Committee 

shall be elected in a fair and equitable manner by the members of 

the industry whose principal place of business is in that particular 

division, and who have assented in writing to this Code. The method 

of such election shall be subject to the approval of the Administrator. 

Notice of the time and place of all elections shall be sent by registered mail, at least ten days in advance of any election, to all members of the industry within that particular Division who have assented to the Code. Voting at such election may be by person, by 

proxy or by letter ballot. A plurality of the number of-votes cast 

shall be necessary for election. 

SECTION 10. If any Division does not elect a Control Committee 

as herein provided; the members of the Code Authority shall have 

and may exercise all powers which the Control Committee would 

have in such Division. 

SECTION 11. Each trade or industrial association directly or indirectly participating in the selection or activities of the Code Authority shall (1) impose no inequitable restrictions on membership, 

and (2) submit to the Administrator true copies of its articles of 

association, by-laws, regulations, and any amendments when made 

thereto, together with such other information as to membership, 
89 

organization, and activities as the Administrator may deem necessary to effectuate the purposes of the Act. 

SEcTION 12. In order that the Code Authority and the Control 

Committees shall at all times be truly representative of the Industry 

and in other respects comply with the provisions of the Act, the 

Administrator may prescribe such hearings as he may deem proper; 

and thereafter if he shall find that the Code Authority or any Control Committee is not truly representative or does not in other re. 

spects comply with the provisions of the Act, may require an appro· 

priate modification in the method of selection of the Code Authority 

or such Control Committee. 

SECTION 13. Men1bers of the Industry shall be entitled to par· 

ticipate in and share the benefits of the activities of the Code Au· 

thority and/ or the Control Com.mittees and to participate in the 

selection of the members thereof, as hereinbefore provided, by as· 

senting to and complying with the requirements of this Code and 

sustaining their reasonable share of the expenses of its administra· 

tion. The reasonable share of the expense of administration shall 

be determined by the Code Authority and/or the Control Commit· 

tees, on the basis of volume of business, and/or such other factors as 

may be deemed equitable to be taken into consideration, subject to 

review by the Administrator. . J' 

SECTION 14. Nothing contained in this Code shall constitute the 

members of the Code Authority or the members of the Control Committees partners for any purpose. Nor shall any member of the Code 

Authority or any member of the Control Committees be liable in any 

manner to anyone for any act of any other member, officer, agent, or 

employee of the Code Authority or the Control Committees. Nor 

shall any member of the Code Authority or any member of the 

Control Committees, exercising reasonable diligence in the conduct 

of his duties hereunder, be liable to anyone for any action or omis· 

sion to act under this Code except for his own willful misfeasance 

or nonfeasance. . 

SECTION 15. Powen and Duties.-The Cocle Authority shall have 

the f ollowing further powers and duties, the exercise o:f which shall 

be reported to the Administrator. 

(a) To insure the execution o:f the provisions of this Code and 

provide for the compliance o:f the Industry with the provisions o:f 

the Act, under such rules and regulations as may be prescribed by 

the Administrator. 

(b) To adopt by-laws and rules and regulations :for its procedure 

and for the administration and enforcement of the provisions of the 

Code, under such rules and regulations as may be prescribed by the 

Administrator. 

(c) It shall elect its officers (who need not be members o:f Code 

Authority or employers in the industry) by a vote o:f its members, 

an~ 1nay employ ~uch perso!ln.el as jt deems necessary. It may ap· pmnt such committees consisting oi members andjor non-mmnbers 

as it ~eems ~esirable, and may delegate to such committees such 

authonty as It deems necessary. It shall h ave no authority or activity not related to the provisions of this Code. 

(d) The Cod~ Authority shall in conjunction with the Divisional 

Control Committees cooperate with the Administrator in n1.aking 
90 

investigations ns to the functioning and observance of any provisions 

of this Code. and in adju ting complaints thereunder on complaint 

by any person affected, and report its finding~ and recommendations 

to the Admini trator. The Code Authority shall be empowered to 

take such action and establish such committees or agencies, national, 

regional or local, as may be necessary to ecure compliance with this 

Code subject to rules and regulations as the Administrator may 

prescribe. 

(e) The Cocle Authority may study the trade-practice provisions 

incorporated in this Code, and the opera.tion thereof, and may from 

time to time make such recommendations to the Administrator, as it 

considers de irable for modifications or addition thereto and as are 

approved by the Divisional Control Committees whose divisions are 

affected thereby. 

(f) The Code Authority may, at its discretion, J_Jresent recommendations to the Administrator, based on conditions 1n the Industry 

as they may deYelop from time to time. Such recommendations shall 

be designed to facilitate the operation of the provisions of this Code 

and the policy of the National Industrial Recovery Act. 

(g) The Code Authority through the agency of the Divisional 

Control Committees and such additional agencies or associations as 

it may designate shall collect sworn or unsworn reports from mem4 

bers of the Industry in respect to hours of labor, wages, conditions 

of employment, number of employees, plant capacity, production 

orders, shipments, inventories. and any other matters pertinent to 

the administration of this Code as it may specify or as the Administrator may require, in order that the President may be kept informed with respect to the observance and performance of the Code. 

(h) The Code Authority may, at its discretion, set up as agencies 

any or all of the following committees, or any other committees, if 

their existence will further effectuate the policies of the Act, viz ; 

Accounting 

Com plaints and/ or Grievances (except Labor) 

Fair Practices 

Statistical 

Such Committees may likewise be created within the Divisions of 

the Industry by any Divisional Control Committee at its discretion. 

(i) The Code Authority may recommend to the Administrator 

amendments and/ or modifications to this Code, which shall become 

effective as part of this Code upon approval of the Administrator 

after such notice and hearing as he may prescribe. 

(j) The Code Authority shall cause to be formulated an accounting system and systems and methods of cost finding and/or estimating capable of use by all members of the industry. After such 

system and methods have been formulated and approved by the 

Administrator, full details concerning them shall be made available 

to all members. Thereafter all members shall determine and/or 

estimate costs in accordance with the principles of such methods. 

(k) To use such trade associations and other agencies as it deems 

proper for the carrying out of any of its activities provided for 

herein, provided that nothing herein shall relieve the Code Authority 

of its duties or responsibilities under this Code and that such trade 

associations and agencies shall at all times be subject to and comply 

with the provisions hereof. 
91 

(I) To make recommendations to the Administrator for the coordination of the administration of this Code with such oth€r codes, 

if any, as may be related to the Industry. 

(m) To secure from members and/or Divisions of the Industry an 

equitable and proportionate payment of the reasonable expenses of 

maintaining the Code Authority and its activ;ties, under such rules 

and regulations as may be prescribed by the Administrator. 

(n) To reco1ru11end to the Administrator further fair trade practice provisions to govern members of the Industry in their relation 

with each other or with other industries and to recommend to the 

Administrator measures for industrial planning, including stabilization of employment. 

( o) To establish classifications and standards of quality for materials of the Industry, subject to the approval of the Administrator, 

in order to assist in making effective the reports from the Industry, 

and in eliminating unfair competition. (p) To appoint a trade practice committee which shall meet with 

the trade practice committees appointed under such other codes a::; 

may be related to the industry for the purpose of formulating fair 

trade practices to goyern the relationships between production and. 

distribution employers under this ·code and under such others 

to the end that such· fair trade practices may be proposed to the 

Administrator as amendments to this code and. such other codes. 

SECTION 16. If the Administrator shall determine that any action 

of the Code Authority or any agency thereof 1nay be unfair or unjust or contrary to the public interest, the Administrator may require 

that such action be suspended to afford an opportunity for investigation of the merits of such action and further considoration by the 

Code Authority or agency pending the final action which shall not bo 

effective unless the Administrator approves or unless he shall fail 

to disapprove after thirty (30) days' notice to him of intention to 

proceed with such action in its original or· mortified form. 

SEcTION 17. The Administrator may from time to time, upon request, or upon his own initiative, issue such administrative interpretations of this Code as are necessary to effectuate its purposes, and 

such interpretations shall become operative as a part o:f this Code, unless the Administrator shall otherwise specify. 

SECTION 18. In addition to the information required to be sub- mitted to the Code Authority, all or any of the persons subject to the 

code shall furnish such statistical information as the Administrator 

1nay deem necessary for the purposes recited in Section 3 (a) of said 

Act to such Federal and State agencies as the Administrator may 

designate; nor shall anything in the code relieve any person of any 

existing obligation to furnish reports to Government agencies. 

ARTicLE VII-PuBLICITY OF PRICEs, TERMs, .AND CoNDITIONS OF SALE 

SECTION 1. Vlithin thirty (30) days after the effective date of this 

Code each member of the industry shall publish and file with the 

Code Authority his prices, terms, and conditions of sale on all products, with the prices, terms, and conditions of sale affecti.p.g each 

such class of customer in the territory t o which such prices, terms, 

and conditions of sale apply. Coincident with such publication, 
92 

each member of tho industr.y shall file with the Code Authority a 

sufficient number of complete schedules of such prices, terms and 

conditions of sale, which shall become effective imm.ediately, and 

the Code Authority shall immediately distribute to all members of 

the industry and shall make available to all interested parties such 

schedules of prices, terms and conditions of sale. 

SECTION 2. In the event of any change by any member of the 

industry in any price, terms, or conditions of sale, he shall file full 

and complete copies of every change with the Code Authority; all 

such changes shall become effective immediately upon such filing 

unless and until the Code Authority shall designate periods within 

which any such changes shall become effective, subject to the approval 

of the Administrator, but in no case shall any such period exceed 

ten (10) days after the date of the filing of the change. Copies of 

all changes filed shall be immediately distributed by the Code Authority to the members of the Industry. Information on such price 

changes shall be available to the trade to which it is applicable and 

to all other interested parties, on the effective date of such change, 

and each such member shall coincidentally file such information in the 

office designated by the Code Authority for immediate distribution 

by the Code Authority to the members of the Industry. 

SECTION 3. In the event that any member of ·the Industry shall 

not receive sufficient notice of the filing by any other member of any 

change in prices or terms and conditions of sale as will enable the 

member first mentioned to meet the said change on the effective date 

thereof, such member may file with the Code Authority such changes 

in his prices, terms, and conditions of sale as may be required to 

meet the change filed by the other member. Changes so filed shall 

b~come effective on the same date as the effective date of the change 

of the member first filing as aforesaid, or if such change has already 

become effective, then the changes subsequently filed shall become 

effective immediately. 

SECTION 4. No member of the Industry shall sell, pay a rebate, or 

allow a deduction at any time to any person except in accordance 

with his prices, terms and conditions of sale then in effect and published in the manner described herein. Each member of the Industry shall have the right, individually, to publish new prices, terms 

and conditions of sale, from time to time, as herein provided. Each 

member of the Industry may grant a trade discount to the wholesale 

distributor. 

ARTICLE VIII-TRADE PRACTICE RuLES 

SEcTION 1. Deviation {ro1n standards.-N o member of the Industry shall deviate from the standards for materials of the Industry 

established by the Code Authority and approved by the Administrator by any deceptive or false means or device with the effect of 

misleading or deceiving purchasers or prospective purchaserc:::. 

SECTION 2. S elling below Oost.-No member of the Industry shall 

sell below his own cost determined in accordance with Section 15 

(j) of Article VI; provided, however, that any member of the Industry may sell below his cost so determined to meet the competition 

of another member whose prices, filed in accordance with the provisions of Article VII, do not violate the Code. 
93 

SECTION 3. Unfair Discri11dnation.-N o member of the Industry 

shall either directly or indirectly discriminate in price between 

purchasers in the same class, provided that nothing herein contained 

shall prevent discrimination in price between purchasers of the same 

class on account of differences in the grade., quality, or quantity of 

the commodity sold; or discrimination in price that makes only due 

allowance for difference in the cost of selling or transportation ; or 

discrimination in price in the same or different communities made 

in aood faith to meet competition. 

S'EcTION 4. Inaccurate Labelling.-No member of the Industry 

shall falsely mark or brand products of the Industry, with the effect 

of misleading or deceiving purchasers with respect to the quality, 

quantity, grade, or substance of the goods purcha eel. Every member 

of the Industry who quarries granite to be used in public or private 

mausoleums, monuments, headstones, markers, or other forms of 

memorials, shall be required to register with the Code Authority the 

name and location of each and every quarry operated and the name 

or names of the owners thereof; and thereafter no registered producer, _" quarrier", "wholesale manufacturer" or "wholesale distributor " shall make any sales without clearly indicating the name 

and location of the quarry where the stone was produced which name 

shall appear both on the stone and on the invoice. '\Vhen any such 

name or trade mark appears on the e:s:posed surface of a stone, it shall 

not exceed in area two (2) square inches; provided however, that 

nothing contained herein shall be construed to conflict in any way 

with the provisions of the trade mark or copyright laws. 

SECTION 5. Interf erence with Other's Oontracts.-No member o:f 

the industry shall willfully induce or attempt to induce the breach 

of existing contracts between competitors and their customers by 

any false or deceptive means whatsoever, or to interfere with or ob- struct the performance of any such contractual duties or services by 

any such means, with the purpose and effect of unduly hampering, 

injuring, or embarrassing competitors in their businesses. 

SECTION 6. Piracy of Trade M arks.-N o m.ember of the industry 

shall imitate the trade marks or trade names of competitors, having 

the tendency and the capacity to mislead or deceive purchasers or 

prospective purchasers. 

SECTION 7. Defamation.-N o member of the industry shall defame 

competitors by falsely imputing to them dishonorable conduct, inability to perform contracts, questionable credit standing, or other 

false representations, or falsely disparage the grade or quality of 

their goods, with the tendency and capacity to mislead or deceive 

purchasers or prospective purchasers. 

SECTION 8. Conformity 'with San~ples.-N o member of the industry shall ship or deliver products which do not conform to the san~

ple submitted or representations made prior to securing the orders, 

with the effect and capacity of deceiving or misleading purchasers; 

but such changes may be made with the written consent of the 

purchaser. 

SECTION 9. Deception of Oust01ners.-N o member of the industry 

shall sell or offer for sale any product of the industry by any false 

means or device which has the tendency and capacity to mislead or 

deceive customers or prospective customers as to the quantity, quality, substance, or size of such product. 
94 

SECTION 10 . . ~Iisleading Advertising.-No member of the industry 

shall make, or cause or permit to be made or published, any f alse, 

untrue, or decer tive statement by way of advertisement or otherwise 

concerning the grade, quality, quantity, substance, character, nature, 

origin, size, or preparation of any rroduct of the industry, having; 

the tendency and capacity to mislead or deceive purchasers or prospective purchasers. 

SECTION 11. Unfair·ly Secu:ring l nfonn.a.tion About 001npetitoTs.- No member of the industry shall secure information from competitors concerning their businesses by fal e or misleading statements 

or representations or by false impersonations of one in authority. 

SECTION 12. 11/i.srepresentation of Bicls.-No member of the industry shall mislead or ece ve any bidder as to the amounts and conditions of other bids or by any otl1er false information, for the purpose 

of inducing such bidder to cut his own bid. 

SECTION 13. Requi1·ement ol Purchase or Lease.-N o member of 

the industry shall require that the purchase or lease of any goods be 

prerequisite to the purchase or lease of any other goods. 

SEcTION 14. 0o1??J7nercial Bribery.-No member of the industry 

shall give, permit to be given, or directly offer to give, anything of 

value for the purpose of influencing or r ewarding the action of any 

employee, agent, or representative of another in relation to the business of the employer of such em.ployee, the principal of such agent 

or the represented party, without the knowledge of such employer, 

principal or party. This provision shall not be construed to prohibit free and general distribution of articles commonly used for 

advertising except so far as such article,s are actually used .for commercial bribery as hereinabove defined. ~ECTION 15. llf is1·epresentation.-N o member o.f the industry shall 

falsely represent any materials and/or services of the industry as 

complying with such standards a,s may be established by the Code 

Authority with the approval of the Administrator. 

SECTION 16. False I nvoices.-No member of the industry shall 

withhold from, or insert in, any invoice statements which make the 

invoice a false record, wholly or in part, of the transaction represented on the face thereof. 

SECTION 17. Units of 1feas~tre (a) The industry approves the 

superficial foot a,s the unit of measure in slabs, and further approves 

the custom under which the working size of a dimension slab shall 

be construed as allowing not over two (2) inches oversize, and on 

mill length slabs not over ten ( 10) percent allowance on length and 

not over two (2) inches on width. 

(b) The industry approves the cubic foot as the unit of measure 

for volume, and further approves the custom under which the working size of said unit on rough dimension stock shall be construed as 

permitting an allowance of two (2) inches or less on any dimension. 

(c) Any deviation from the above methods of measurement by 

the seller shall constitute a violation of this Code. 

SECTION 18. Other Unfair P1·actices.-N othing in this Code shall 

limit the effect of any adjudication by the Courts or holding by the 

Federal Trade Commission on complaint, finding, and order, that 

any practice, or method is unfair, providing that such adjudication 

or holding is not inconsistent with any purposes or provisions o:f 

the Act or of this Code. 
95 

ARTICLE IX-FOREIGN TRADE 

No provision of this Code relating to I, rices or terms of selling, 

shipping, or marketing shall apply to e:xport trade or sales or ship· 

ments for export trade. 

ARTICLE X-MODIFICATION 

SECTION 1. This Code and all the provisions thereof are expressly 

n1ade snbj ect to the right of the President, in accordance with the 

provisions of subsection (b) of Section 10 .of the Act, from time 

to time to cancel or modify any order, approval, license, rule, or 

regulation issued under said Act. 

SECTION 2. This Code, except as to provisions required by the 

Act, may be modified on the basis of experience or changes in circumstances, such n1odifications to be based upon application to the 

Administrator by the Code Authority and such notice and hearing 

as he shall specify, and to become effective on approval of the 

President. 

ARTICLE XI-:MoNoPoLrEs, ETc. 

No provision of this Code shall be applied as to permit monopolies 

or monopolistic practices, or to eliminate, oppress, or discriminate 

against small enterprises. 

AnTICLE XII-PRICE INCREASES 

vVhereas the policy of the Act to increase real purchasing power 

will be made more difficult of consummation if prices of goods and 

services increase as rapidly as wages, it is recognized that price 

increa es except such as may be required to meet individual cost 

should be delayed, but when n1ade such increases should, so far as 

possible, be limited to actual additional increase in the seller's costs. 

ARTICLE XIII-STANDARD Tmnvrs-CASH Drsc(JUNTS AND CREDIT 

LI:NIITS 

SECTION 1. Except during the months of January, February and 

March, when shipments may be made in advance of actual requirements by mutual agreement, no member of the industry shall extend 

to a customer outside the industry more favorable terms of credit 

than seven ("7) percent for cash with order,.five (5) percent for cash 

within fifte·en (15) days after date of ship111ent, net thirty (30) days, 

or trade acceptance in sixty ( 60) days ; and in the n1onths specifically 

mentioned above the billing-date of such bhipments shall be not later 

than April 1. 

SECTION 2. No "redit shall be extended knowingly to any customers whose accounts with any member of the industry shall remain 

unpaid for a period of ninety ( 90) clays aft r the terms of sale as 

specified in Section 1 hereof. This Section shall not be construed 

to p-ermit the use of a blacklist or any equiv lent device, such as a 

white list, and shall not be retroactive collccrning accounts owed by 

rnstomers or credit given prior to the effective date of this Code. 
UNIVERSITY OF FLO RIDA 

111 111111111111111111111111 1111111111 1111111111111111 1111111111 1 

96 3 1262 08486 8735 

ARTICLE XIV-EFFE 'TIYE D ATE 

Thi Code hall become effective on thv second Monday after its 

approval by the Admini trator. 

Approved Code To. 449. 

Regi try No. 1023-02. 

0